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MI HB5770
Bill
Status
12/31/2020
Primary Sponsor
Mike Mueller
Click for details
AI Summary
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Adds new Section 3l prohibiting third-party delivery services from using a restaurant's likeness, trademark, or intellectual property without written consent documented in a valid agreement.
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Requires third-party delivery services to be registered to do business in Michigan to enter into valid agreements with restaurants.
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Voids indemnification provisions that would require restaurants to indemnify delivery services or their contractors for damages occurring after products leave the restaurant's place of business.
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Establishes civil fine of not more than $1,000 per violation for Section 3l breaches, with each day of violation counting as a separate violation.
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Allows individual consumers to sue for violations of Section 3l, recovering actual damages or $5,000 (whichever is greater) plus attorney fees, and permits courts to award punitive damages in their discretion.
Legislative Description
Consumer protection: consumer solicitation; prohibition for third-party delivery service to use any likeness or intellectual property of a restaurant without written consent; provide for. Amends secs. 3, 5 & 11 of 1976 PA 331 (MCL 445.903 et seq.) & adds sec. 3l.
Trade: business practices
Last Action
Assigned Pa 296'20
12/31/2020